Resource Management Act 1991

Declarations, enforcement, and ancillary powers - Declarations

313: Decision on application

You could also call this:

"The court makes a decision after hearing from you and others about your application."

When you apply for a declaration, the court will hear from you and anyone else who needs to be involved. The court will also hear from anyone who has the right to be represented at proceedings under section 274 and wants to be heard. The court can then make a decision.

The court can make the declaration you asked for, with or without some changes, or make a different declaration if it thinks that is necessary or desirable. It can also decide not to make a declaration at all. This decision is made after the court has heard from everyone involved.

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This page was last updated on 19 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM238526.

Topics:

Crime and justice > Courts and legal help

312: Notification of application, or

"Telling people who will be affected by your application"

314: Scope of enforcement order, or

"What happens if you break environmental rules and get an enforcement order"

Part 12Declarations, enforcement, and ancillary powers
Declarations

313Decision on application

After hearing the applicant, and any person served with notice of the application, and any other person who has the right to be represented at proceedings under section 274, who wishes to be heard, the court may—
make the declaration sought by an application under section 311, with or without modification; or
make any other declaration that it considers necessary or desirable; or
decline to make a declaration.

Notes

Section 313: amended, on 17 December 1997, by section 50 of the Resource Management Amendment Act 1997 (1997 No 104).
Section 313: amended, on 2 September 1996, pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).